Parents are expected to provide financial support for their children. For some parents, this is handled through child support. Dealing with child support orders isn’t always easy, but it is something that is necessary.

There are times when a current child support order just isn’t working any longer. In this case, either parent can request a modification of the order. You can’t do this just because you feel like it. Instead, there is a list of very specific reasons why you might file for a modification. Common circumstances that lead to a modification of child support include significant changes in financial situations, living arrangements, or the child’s needs.

One reason is that there has been three or more years since the initial child support order or most recent modification. Another is if there is a change in the time a parent has the child in his or her custody or if the child is emancipated. Modifications in the amount of time a child spends with each parent or changes in living arrangements can impact the child support obligation.

A substantial increase or decrease in a parent’s income, changes in the annual cost of living, or adjustments in educational costs and extracurricular activities can also justify a modification of child support. As children grow, their needs and expenses may change, including educational costs and extracurricular activities, which may require a review of the support obligation.

A parenting plan may address how parents share financial responsibilities, including support obligations for extracurricular activities and educational costs. Courts consider the parent’s income, financial situations, and any significant changes or parent experiences that affect the ability to meet the child’s needs when reviewing a request for modification of child support.

Child Support Modification for Prison Time or Disability

Instances of incarceration, whether it is a parent being incarcerated or being released, can result in a modification. If the court finds a significant change in circumstances, such as incarceration, it may modify a child support order accordingly. When the court issues a new child support order, it may modify child support obligations to reflect the parent’s current circumstances.

Parents can petition to modify child support orders if they experience incarceration, job loss, or disability. The loss of a job or a significant change in income can also be a valid reason. One parent being classified as disabled might also lead to a modification petition.

Child Support Modifications for Health Insurance

Some modifications are due to changes with the medical insurance for the child. Changes in health insurance can impact the support obligation and may alter the financial responsibilities of each parent. These vary depending on the circumstances, so you need to look into the individual case to determine what you might need to do.

Child Support Modifications for Additional Childcare Costs

Finally, changes in the child’s expenses might lead to a modification. These expenses are the ones that are considered necessary, such as uninsured medical costs or day care fees. Increased or decreased expenses can affect child support payments and may require the court to review the child support case. The court will also consider whether the modification will maintain or improve the child’s standard of living.

Even when a modification petition is made, the interests of the child must be considered. These orders can take up to six months to complete, so be prepared for this wait as modifications might not be an immediate answer to a child support issue.

Source: Arizona Department of Economic Security, “Modifying Your Existing Child Support Order FAQ,” accessed Dec. 28, 2017

Process for Requesting a Modification

When your life takes an unexpected turn, you need to know how to properly request a modification of your child support order. Whether you’re the one making payments or receiving them, understanding the modification process can help protect your rights and ensure that your child support obligations stay fair and reflect what’s really happening in your life right now.

Get sound legal advice about your child support modification options when you work with experienced family law attorneys. Our legal professionals have years of experience helping clients in your situation navigate these complex waters, so we know exactly what to look for in your case and what options are available to protect your interests.

The process for modifying child support orders typically involves several key steps that our attorneys can walk you through:

  1. Determine if a substantial change in circumstances has occurredBefore you can even think about requesting a child support modification, you’ve got to establish that there’s been a substantial change in circumstances since that original order was put in place. We’re talking about significant changes in a parent’s income, shifts in what your child needs, or new custody arrangements. Family courts understand that life throws curveballs – job loss, landing a new position, changes in parenting time, or those unexpected educational or medical expenses that can really impact your ability to pay or your child’s need for support.
  2. Gather financial documentsTo back up your request, you’re going to need comprehensive financial documentation, and we mean everything. Recent pay stubs, tax returns, proof of expenses, and any other records that show where you stand financially right now. Accurate documentation is absolutely essential for the court to crunch the numbers on child support and figure out whether your modification request makes sense.
  3. File a petition for modificationThe next step is filing a formal petition for modification with the family court that issued your original child support order. Your petition needs to clearly spell out exactly why you’re asking for this change and include all that supporting documentation we just talked about. This legal filing gets the ball rolling on your modification process and puts the court on notice about what you need.
  4. Serve the other parentAfter filing, you’ve got to make sure the other parent gets properly served with that petition. This gives your co-parent a fair shot to review what you’re requesting and respond accordingly. Sometimes open communication can actually lead to an agreement on the new child support amount without ever having to step foot in a courtroom.
  5. Reach an agreement or proceed to a court hearingIf both parents can see eye to eye on the proposed changes, the court can review and approve your new support order. But if you can’t reach an agreement, your case is heading to a court hearing. At that hearing, both parents get to present their evidence and arguments about the child support modification. The judge will weigh several factors, including what your child needs, each parent’s income, and the current custody arrangement.
  6. Consideration of child support guidelinesDuring your hearing, the court may use the income shares model or the income percentage model to calculate what the appropriate child support payment should be. These models help ensure that your child’s standard of living stays protected and that both parents are sharing financial responsibility based on their actual income and ability to pay.
  7. Work with a family law attorneyNavigating this modification process can get complicated fast, and working with a knowledgeable family law attorney is something we highly recommend. An attorney can help you prepare your case, gather all that necessary documentation, and fight for your interests in court. This support becomes especially crucial if the other parent decides to contest your modification or if your financial situation is more complex than it appears on the surface.

It’s also critical to remember that until a new court order gets issued, that existing child support order stays in effect. Failing to make your required support payments can result in unpaid child support, which may lead to enforcement actions like wage garnishment or even suspension of your driver’s license.

By following these steps and seeking professional legal guidance, parents can handle child support modifications effectively. The goal is always making sure that the children involved get the financial support they need, while also taking into account the changing financial circumstances that both parents are dealing with.

If you believe your situation qualifies for a modification, don’t wait around – consult with a family law attorney to discuss your options and protect your rights. Our legal team is standing by to help you navigate this process and work toward the best possible outcome for your family.